Bauer

FACTS

Bauer sued Likhterman for (1) breach of CC&Rs and (2) nuisance.1 He alleged Likhterman violated their community’s CC&Rs by parking a commercial van on the street. Under the breach claim, Bauer sought declaratory and injunctive relief. At a bench trial, Likhterman admitted he was parking his van on the street and in his driveway during the day, asserting the CC&Rs did not restrict daytime parking. The trial court admitted into evidence the 2019 version of the CC&Rs, which limited commercial-vehicle parking to a designated community lot and made no exception for daytime parking.2 After trial, the court rejected Bauer’s nuisance claim but found for him on the breach claim. It declared that Likhterman violated the CC&Rs by “continuing to park his commercial van in an unpermitted manner” and

1 We grant Likhterman’s request for judicial notice of Bauer’s

complaint, which Likhterman failed to include in the record on appeal. (Evid. Code, § 452, subd. (d) [permitting judicial notice of California court records].)

2 The trial court also admitted into evidence a later version of the

CC&Rs but Likhterman has not included it in the record on appeal.

2 issued an injunction barring…